Estate Planning & Probate in Berkeley County, West Virginia
There are two reasons people look up Berkeley County probate: to keep a family out of it, or to get a loved one's estate through it. Pick the path that fits, then work from the local Circuit Court details.
Someone died — settling an estate
Filing probate at the Circuit Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in Berkeley County→Planning ahead as a property owner
Keep a Berkeley County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Berkeley County→The Probate Process in Berkeley County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Berkeley County, probate runs through the Circuit Court at Berkeley County Judicial Center, 380 West South Street, Suite 2200, Martinsburg. The court sits in the Twenty-Seventh Judicial Circuit. Berkeley County shares the Twenty-Seventh Judicial Circuit with Morgan.
Full Berkeley Countyprobate guide: cost, how to file & attorneys →Probate Court Record
Circuit Court
Berkeley County · Twenty-Seventh Judicial Circuit
Address
Phone
Hours
Recording Deeds & Property Documents
Recording Office Record
County Clerk
Berkeley County · County Clerk · Anthony J. "Tony" Petrucci
Address
Phone
Fax
Hours
E-recording
$32 for the first 5 pages plus $1 for each page beyond 5; a 2-page TOD deed records for $32; TOD deeds are exempt from transfer tax.
Full recording details →Verified September 9, 2026 · Source
Local Procedures at the Circuit Court
In West Virginia, uncontested probate (wills, estate administration, inventories) is handled by the County Clerk's fiduciary/probate office, not the Circuit Court. Circuit Courts handle contested matters such as will contests and disputed estate proceedings. A person who has custody of a will must, within 30 days after learning of the testator's death, deliver the will to the County Clerk or to the executor named in the will. The will is then presented to the County Clerk to be admitted to probate; a certified copy of the death certificate is required.
West Virginia Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Berkeley County.
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